Neutral Citation No. - 2025:AHC:51528 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9674 of 2025 Applicant :- Afsar Khan Opposite Party :- State of U.P. Counsel for Applicant :- Avantika Nigam,Prathamesh Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Shashank Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Afsar Khan, seeking enlargement on bail in Case Crime No. 472 of 2024, under Sections 109, 118 (1), 352, 351 (2) BNS, Police Station Maudaha, District Hamirpur. 3. The allegation made in the FIR is that on 07.11.2024, when the informant was returning to his home, then applicant and his son came armed with Kulhadi (Axe) and danda and started abusing him and when informant tried to calm them down then they gave a blow on his head after which he fainted, thereafter, people gathered, seeing which they escaped after giving life threatening. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 16.11.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the injured was medically examined and as per the medical examination report one lacerated wound of size bleeding blunt 4cm x 1.5 cm present on left parietal region of scalp and the same is simple in nature. It is further stated that there are several contradiction in the statement of eye witness and the statement of informant. None of the injuries caused to the injured were dangerous/grievous enough to attract section 109 of BNS. The statement of the victim/injured has been recorded by the investigating officer after delay of about three months of the incident. The statement of injured is totally different from the statement of so called eye witness Intezar Ali, which shows that the entire prosecution story is false, fabricated and doubtful. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Afsar Khan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 8.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad